“Continuity of Government: Presidential Succession”

December 5, 2022, 1:58 pmlegislation and legislaturesDerek Muller

New report from John Fortier and Norm Ornstein at AEI. From the “key points”: The Continuity of Government Commission makes recommendations to ensure the continuity of the presidency after a catastrophic event. The core recommendation is that Congress amend the… Continue reading

Partisan Gerrymandering Chapter

December 5, 2022, 12:54 pmUncategorizedNicholas Stephanopoulos

I just posted this book chapter on partisan gerrymandering, which will be part of the Oxford Handbook of American Election Law (coming out next year). Thanks to Gene Mazo for assembling and editing the volume and organizing terrific workshops for… Continue reading

“800-Pound Gorilla: I Spoke with Amy Howe on SCOTUSBLOG’s Podcast about the Upcoming Moore v. Harper Oral Argument

December 5, 2022, 11:16 amUncategorizedRick Hasen

Listen.

“Rudy Giuliani: Ethics charges for election fraud claims take major step forward with trial-like hearing in DC”

December 5, 2022, 6:51 amelection administration, fraudulent fraud squadDerek Muller

Tierney Sneed at CNN: The efforts to discipline attorneys who aided former President Donald Trump’s legal gambits to undermine the 2020 election take a major step forward Monday with the start of key disciplinary proceedings in Washington, DC, that… Continue reading

“What a first-in-the-nation SC primary could mean: Hope, money and amplifying Black voters”

December 5, 2022, 5:54 amprimariesDerek Muller

Caitlin Byrd at the Post and Courier. And in other news on the DNC calendar shuffle, Brianne Pfannenstiel at the Des Moines Register has this piece, “Democrats’ new presidential calendar may invite chaos. Iowa, New Hampshire vow to … Continue reading

“Defamation Suit Against Fox Grows More Contentious”

December 5, 2022, 5:53 amelection administrationDerek Muller

The New York Times: Lachlan Murdoch, the chief executive of the Fox Corporation, is expected to be deposed on Monday as part of a $1.6 billion defamation lawsuit against Fox News for amplifying bogus claims that rigged machines from… Continue reading

“Are close elections that drag out for weeks the new normal?”

December 5, 2022, 5:51 amelection administrationDerek Muller

Interesting piece in the Orange County Register on one potential effect of the California Voting Rights Act: More than three weeks after the election, most contests on Orange County voters’ ballots have long since been settled – but until the… Continue reading

The ISLT: The Remedial Version

December 4, 2022, 10:48 amUncategorizedRichard Pildes

In my testimony to the House outlining different potential versions of an ISLT the Court might adopt, I mentioned a remedial version of such a doctrine. Without endorsing it, I want to explain further what this version would mean. This… Continue reading

Republican Confidence in Election Administration Up in 2022 Compared to 2020, But There’s a Ways to Go on Mail-in Balloting

December 3, 2022, 6:12 pmThe Voting WarsRick Hasen

Pew Research Center: Voters are generally confident ballots were counted accurately in this year’s election, yet they express greater confidence in in-person ballots being counted accurately than they do in counts for absentee or mail-in ballots. Republican voters are more… Continue reading

The ISLT: How State Statutes and State Constitutions Differ

December 3, 2022, 12:17 pmUncategorizedRichard Pildes

With the argument coming up next week in Moore v. Harper, I’ve thought more deeply about some of the less obvious legal issues underlying the case. I plan to do a few posts on these issues. At least several Justices… Continue reading

“Elon Musk’s promised Twitter exposé on the Hunter Biden story is a flop that doxxed multiple people”

December 3, 2022, 11:17 amcheap speechRick Hasen

The Verge: Free-speech crusader Elon Musk isn’t happy with Twitter’s years-old decision to suppress a news story about Hunter Biden’s laptop just ahead of the 2020 presidential election. So in an effort “to restore public trust” in Twitter, Musk indicated… Continue reading

Morgan Kousser on the PBS News Hour: WATCH: The racist history behind Georgia’s runoff elections

December 3, 2022, 10:47 amUncategorizedRick Hasen

Watch here:

Donald Trump Calls to Suspend U.S. Constitution and Throw Out the Results of the 2020 Election. Have We Become Immune to How Radical and Dangerous This is?

December 3, 2022, 10:20 amelection subversion risk, fraudulent fraud squadRick Hasen

Have we become immune to how radical and dangerous this all is? Just some casual Saturday treason. pic.twitter.com/iPZgyUPmJP— Matt Fuller (@MEPFuller) December 3, 2022

“‘Furthering false narratives’: Lake, Finchem lawsuit draws sanction order from judge”

December 2, 2022, 5:11 pmchicanery, fraudulent fraud squadRick Hasen

Arizona Republic: In a blistering 30-page opinion, a federal judge ordered sanctions against the attorneys of Kari Lake and Mark Finchem in their lawsuit against voting machines, hoping to deter “similarly baseless suits in the future.” Lake and Finchem, Trump-endorsed… Continue reading

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The law of politics and the politics of law